Prevention of Sexual Harassment at Workplace

M U M B AI SILICON VALLEY BANGA LORE SINGA P ORE MUMBA I BK C NE W DE L HI MUNICH
Indias Law on
Prevention of Sexual
Harassment at
Workplace
April 2015
Copyright 2015 Nishith Desai Associates www.nishithdesai.com

Indias Law on Prevention of Sexual Harassment at the Workplace
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Contents
1.
INTRODUCTION 01
2. EVOLUTION OF THE LAW ON WORKPLACE SEXUAL HARASSMENT 02
3. KEY PROVISIONS UNDER THE PREVENTION OF WORKPLACE

SEXUAL HARASSMENT ACT 03
4.
EMPLOYERS DUTIES AND OBLIGATIONS 09
5. EXAMPLES OF CONDUCT AMOUNTING TO SEXUAL HARASSMENT 10
6. OTHER LAWS PERTAINING TO WORKPLACE SEXUAL HARASSMENT 11
7.
FREQUENTLY ASKED QUESTIONS 13
ANNEXURE I
Sexual Harassment of Women At Workplace

(Prevention, Prohibition and Redressal) Act, 2013 15
ANNEXURE II
Sexual Harassment of Women at Workplace

(Prevention, Prohibition and Redressal) Rules, 2013 25

1. Introduction
Gender equality in all dimensions is a basic human The Prevention of Workplace Sexual Harassment Act
right and the Constitution of India (Constitution) has been enacted with the objective of preventing
guarantees all its citizens equality of status and and protecting women against sexual harassment
opportunity.1 Sexual harassment is considered as a at workplace and for the effective redressal of
violation of a womans fundamental right to equality, complaints of sexual harassment. The statute seeks
which right is guaranteed by Articles 14 and 15 of to fill the legislative void on the subject and provide
the Constitution. Workplace sexual harassment every woman, irrespective of her age or employment
creates an insecure and hostile work environment, status, a safe and secure working environment free
thereby discouraging womens participation in work from all forms of harassment.
and adversely affecting their social and economic
growth.2 The Constitution also provides every citizen The year 2013 also witnessed the promulgation of
the right to practice or carry out any occupation, the Criminal Law (Amendment) Act, 2013 (Criminal
trade or business3 , which includes the right to a safe Law Amendment Act) which criminalized offences
environment, free from all forms of harassment. such as sexual harassment, stalking and voyeurism.
Indias first legislation specifically addressing In this primer, we have attempted to provide an
the issue of workplace sexual harassment was overview of the Prevention of Workplace Sexual
enacted in 2013. The Sexual Harassment of Harassment Act and certain other laws in India
Women at Workplace (Prevention, Prohibition pertaining to workplace sexual harassment.
and Redressal) Act, 2013 (Prevention of Workplace
Sexual Harassment Act) was made effective from
December 09, 2013 by the Ministry of Women and
Child Development, India. The Government has also
notified rules under the Prevention of Workplace
Sexual Harassment Act titled the Sexual Harassment
of Women at Workplace (Prevention, Prohibition
and Redressal) Rules, 2013 (Prevention of Workplace
Sexual Harassment Rules).
1. Articles 14, 15 and 19 of the Constitution

2. Statement of Objects and Reasons, Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013.
3. Article 19(1)(g)
Nishith Desai Associates 2015 1

2. Evolution of the Law on Workplace Sexual

Harassment
The Prevention of Workplace Sexual Harassment Act day basis and highlighted the urgency for safeguards
and the Prevention of Workplace Sexual Harassment to be implemented in this regard. Championing the
Rules have been enacted 16 years after the Supreme cause of working women in the country, womens
Court of Indias landmark judgement in Vishaka and rights activists and lawyers filed a public interest
others v. State of Rajasthan4 (Vishaka Judgement). litigation in the Supreme Court of India under the
The Supreme Court, in the Vishaka Judgment, banner of Vishaka.
laid down guidelines making it mandatory for
every employer to provide a mechanism to The Supreme Court of India, for the first time,
redress grievances pertaining to workplace sexual acknowledged the glaring legislative inadequacy,
harassment and enforce the right to gender equality and acknowledged workplace sexual harassment as
of working women (Guidelines). a human rights violation. In framing the Guidelines,
the Supreme Court of India placed reliance on
the Convention on Elimination of All Forms of
Discrimination against Women, adopted by the
I. The Vishaka Judgement General Assembly of the United Nations, in 1979,
which India has both signed and ratified.
In 1992, Bhanwari Devi, a woman employed with the
rural development programme of the Government As per the Vishaka Judgment, the Guidelines, until
of Rajasthan was brutally gang raped on account such time a legislative frame work on the subject has
of her efforts to curb the then prevalent practice of been drawn-up and enacted, would have the effect
child marriage.5 This incident revealed the hazards of law, mandatorily to be followed by organizations,
that working women were exposed to on a day to both in the private and government sector.
LEGISLATIVE TIMELINE
2007 Draft Protection of Women against Sexual Harassment at Workplace Bill, 2007
(Bill) approved by the Union Cabinet.
2010 The Bill was introduced in the Lok Sabha
2012 The Bill was amended and re-introduced in the Lok Sabha.
September 03, 2012 The Sexual Harassment of Women at Workplace (Prevention, Prohibition and
Redressal) Bill, 2012 was passed by the Lok Sabha
February 26, 2013 The Sexual Harassment of Women at Workplace (Prevention, Prohibition and
Redressal) Bill, 2012 was passed by the Rajya Sabha.
April 23, 2013 The Prevention of Workplace Sexual Harassment Act received the Presidents assent
and was published in the Gazette of India as Act No. 14 of 2013.
December 09, 2013 The Indian Ministry of Women and Child Development notified:
December 09, 2013 as the effective date of the Prevention of Workplace Sexual
Harassment Act; and
The Prevention of Workplace Sexual Harassment Rules
4. 1997 (7) SCC 323

5. Indira Jaising, Law Relating to Sexual Harassment at the Workplace (2014)
2 Nishith Desai Associates 2015

3. Key Provisions under the Prevention of

Workplace Sexual Harassment Act
I. Applicability and Scope II. Sexual Harassment - Meaning
The Prevention of Workplace Sexual Harassment Act The Prevention of Workplace Sexual Harassment Act
extends to the whole of India and stipulates that a defines sexual harassment in line with the Supreme
woman shall not be subjected to sexual harassment Courts definition in the Vishaka Judgment. As per
at her workplace.6 It is pertinent to note that the the statute, sexual harassment includes unwelcome
statute protects only women and is not intended to sexually tinted behaviour, whether directly or
be a gender neutral legislation. As per the statute, by implication, such as (i) physical contact and
an aggrieved woman in relation to a workplace, is advances, (ii) demand or request for sexual favours,
a woman of any age, whether employed or not, who (iii) making sexually coloured remarks, (iv) showing
alleges to have been subjected to any act of sexual pornography, or (v) any other unwelcome physical,
harassment.7 verbal or non-verbal conduct of a sexual nature.9
Further, the Prevention of Workplace Sexual Presence or occurrence of circumstances of implied

Harassment Act applies to both the organized and or explicit promise of preferential treatment in
unorganized sectors in India. The statute, inter employment; threat of detrimental treatment
alia, applies to government bodies, private and in employment; threat about present or future
public sector organisations, non-governmental employment; interference with work or creating
organisations, organisations carrying out an intimidating or offensive or hostile work
commercial, vocational, educational, entertainment, environment; or humiliating treatment likely to
industrial, financial activities, hospitals and nursing affect the lady employees health or safety could also
homes, educational institutes, sports institutions and amount to sexual harassment.10
stadiums used for training individuals and a dwelling
place or a house.8
6. Section 3 of the Prevention of Workplace Sexual Harassment Act

7. Section 2(a) of the Prevention of Workplace Sexual Harassment Act
8. Section 2(o) of the Prevention of Workplace Sexual Harassment Act
9. Section 2(n) of the Prevention of Workplace Sexual Harassment Act
10. Section 3(2) of the Prevention of Workplace Sexual Harassment Act

Key Provisions under the Prevention of Workplace Sexual Harassment Act
III. Employee
Regular, temporary, ad hoc employees
Directly/ through an agent/ contractor

Employee
With or without remuneration/voluntary
Express/implied terms of employment
Probationer/Apprentice
The definition of an employee under the Prevention transportation provided by the employer for the
of Workplace Sexual Harassment Act is fairly wide purpose of commuting to and from the place of
and covers regular, temporary, ad hoc employees, employment.12
individuals engaged on daily wage basis, either
directly or through an agent, contract labourers,
co-workers, probationers, trainees, and apprentices,
with or without the knowledge of the principal
V. Complaints Committee
employer, whether for remuneration or not, working
on a voluntary basis or otherwise, whether the terms An important feature of the Prevention of Workplace
of employment are express or implied.11 Sexual Harassment Act is that it envisages the setting
up of grievance redressal forums for both organized
and unorganized sectors.
IV. Workplace
A. Internal Complaints Committee
Recognising that sexual harassment of women may
not necessarily be limited to the primary place of The Prevention of Workplace Sexual Harassment
employment, the Prevention of Workplace Sexual Act requires an employer to set up an internal
Harassment Act has introduced the concept of an complaints committee (ICC) at each office or
extended workplace. As per the statute, workplace branch, of an organization employing 10 or more
includes any place visited by the employee arising employees, to hear and redress grievances pertaining
out of or during the course of employment, including to sexual harassment.13
11. Section 2(f) of the Prevention of Workplace Sexual Harassment Act

12. Section2(o) of the Prevention of Workplace Sexual Harassment Act

B. Constitution of the ICC
Presiding Officer Woman employed at a senior level at the workplace from amongst the employees.
Members Not less than 2 members from amongst employees.
Preferably committed to the cause of women or who have had experience in social work or
have legal knowledge.
From an NGO or association committed to the cause of women or person familiar with
External member
issues relating to sexual harassment.
Not less than half of the ICC Members shall be women

The term of the ICC Members shall not exceed 3 years
A minimum of 3 Members of the ICC including the Presiding Officer are to be present for conducting the inquiry.
C. Local Complaints Committee names and addresses of the witnesses to the ICC or
LCC, within 3 months from the date of the incident
At the district level, the Government is required and in case of a series of incidents, within a period of
to set up a local complaints committee (LCC) 3 months from the date of the last incident. The ICC/
to investigate and redress complaints of sexual LCC can extend the timeline for filing the complaint,
harassment from the unorganized sector or for reasons to be recorded in writing, by a period of 3
from establishments where the ICC has not been months. The law also makes provisions for friends,
constituted on account of the establishment having relatives, co-workers, psychologist, psychiatrists,
less than 10 employees or if the complaint is against etc. to file the complaint in situations where the
the employer.14 aggrieved employee is unable to make the complaint
on account of physical incapacity, mental incapacity
or death.16
D. Powers of the ICC/LCC
The Prevention of Workplace Sexual Harassment Act
stipulates that the ICC and LCC shall, while inquiring VII. Redressal Process
into a complaint of workplace sexual harassment,
have the same powers as are vested in a civil court Please refer to the flowchart below which provides
under the Code of Civil Procedure, 1908 when trying an overview of the process to be followed by the
a suit in respect of: aggrieved employee to make the complaint and
by the ICC/LCC to inquire into the complaint.
i. summoning and enforcing the attendance of any An aggrieved woman is allowed to request for
person and examining him on oath; conciliation in order to settle the matter although
ii. requiring the discovery and production of monetary settlement should not be made as a basis of
documents; and conciliation.17
iii. any other matter which may be prescribed.15
VI. Complaint Mechanism

An aggrieved woman who intends to file a complaint
is required to submit six copies of the written
complaint, along with supporting documents and

15. Section 11(3) of the Prevention of Workplace Sexual Harassment Act

Incident of sexual harassment at

workplace
Timelines
Written complaints (6 copies) along with

supporting documents and names and
addresses of witnesses have to be filed
within 3 months of the date of the incident.
Internal Complaints Committee / Timeline extendable by another 3 months.
Conciliation Local Complaints Committee
Upon receipt of the complaint, 1 copy of the
complaint is to be sent to the respondent
within 7 days.
Upon receipt of the copy of complaint,

the respondent is required to reply to the
complaint along with a list of supporting
Report of inquiry
documents, and names and addresses of
witnesses within 10 working days.
The Inquiry has to be completed within

a total of 90 days from the receipt of the
complaint.
The Inquiry report has to be issued within 10

No action by Punishment for days from the date of completion of inquiry.
Action for employer malicious or false
misconduct
complaint/evidence The employer is required to act on the
recommendations of the ICC/LCC within 60
days of receipt of the Inquiry report.
Appeal against the decision of the committee

is allowed within 90 days from the date of
Appeal to Court / Tribunal recommendations.
VIII. Interim Reliefs IX. Punishment and

Compensation
The ICC/LCC is also empowered to, at the request
of the complainant, recommend to the employer
The statute prescribes the following punishments
interim measures such as:
that may be imposed by an employer on an employee
i. transfer of the aggrieved woman or the for indulging in an act of sexual harassment:
respondent to any other workplace
i. punishment prescribed under the service rules of
ii. granting leave to the aggrieved woman up to the organization;
a period of 3 months in addition to her regular
statutory/ contractual leave entitlement ii. if the organization does not have service rules,
disciplinary action including written apology,
iii. restrain the respondent from reporting on the
warning, reprimand, censure, withholding
work performance of the aggrieved woman or
of promotion, withholding of pay rise or
writing her confidential report, which duties may
increments, terminating the respondent from
be transferred to other employees.
service, undergoing a counselling session, or
carrying out community service; and

iii. deduction of compensation payable to the from service, undergoing a counselling session,
aggrieved woman from the wages of the or carrying out community service may be taken.
respondent.18 The statute further clarifies that the mere inability
to substantiate a complaint or provide adequate
The statute also envisages payment of compensation proof need not mean that the complaint is false or
to the aggrieved woman. The compensation payable malicious.20
shall be determined based on:
i. the mental trauma, pain, suffering and emotional

distress caused to the aggrieved employee; XI. Confidentiality
ii. the loss in career opportunity due to the incident Recognising the sensitivity attached to matters
of sexual harassment; pertaining to sexual harassment, the Prevention
of Workplace Sexual Harassment Act attaches
iii. medical expenses incurred by the victim for significant importance to ensuring that the
physical/ psychiatric treatment; complaint and connected information are kept
confidential. The statute specifically stipulates
iv. the income and status of the alleged perpetrator; that information pertaining to workplace sexual
and harassment shall not be subject to the provisions
of the Right to Information Act, 2005. The statute
v. feasibility of such payment in lump sum or in further prohibits dissemination of the contents
installments.19 of the complaint, the identity and addresses of the
complainant, respondent witnesses, any information
In the event that the respondent fails to pay the
relating to conciliation and inquiry proceedings,
aforesaid sum, ICC may forward the order for
recommendations of the ICC/LCC and the action
recovery of the sum as an arrear of land revenue to
taken to the public, press and media in any manner.
the concerned District Officer.
That said, the statute allows dissemination of
information pertaining to the justice that has been
secured to any victim of sexual harassment, without
X. Frivolous Complaints disclosing the name, address, identity or any other
particulars which could result in the identification of
In order to ensure that the protections envisaged the complainant or the witnesses.21 Disclosure of the
under the Prevention of Workplace Sexual justice secured could not only deter other individuals
Harassment Act are not misused, provisions for from engaging in acts of sexual harassment, but also
action against false or malicious complainants have instil in the minds of employees and public that
been included in the statute. The statute provides the employer is serious about providing a safe work
that if the ICC/ LCC concludes that the allegation is environment and harbours zero tolerance for any
false or malicious or the complaint has been made form of sexual harassment at the workplace.22
knowing it to be untrue or forged or misleading
Breach of the obligation to maintain confidentiality
information has been provided during the inquiry,
by a person entrusted with the duty to handle or deal
disciplinary action in accordance with the service
with the complaint or conduct the inquiry, or make
rules of the organisation can be taken against such
recommendations or take actions under the statute,
complainant. Where the organisation does not have
is punishable in accordance with the provisions
service rules, the statute provides that disciplinary
of the service rules applicable to the said person
action such as written apology, warning, reprimand,
or where no such service rules exist, a fine of INR
censure, withholding of promotion, withholding of
5,000.23
pay rise or increments, terminating the respondent

22. Shivangi Prasad and Attreyi Mukherjee, Handbook on the law of Sexual Harassment at Workplace 179 (2015)
23. Section 17 of the Prevention of Workplace Sexual Harassment Act and Rule 12 of the Prevention of Sexual Harassment Rules

XII. Consequences of non-

compliance
If an employer fails to constitute an ICC or does not
comply with the requirements prescribed under the
Prevention of Workplace Sexual Harassment Act,
a monetary penalty of up to INR 50,000 (approx.
US$ 900) may be imposed. A repetition of the same
offence could result in the punishment being
doubled and / or de-registration of the entity or
revocation of any statutory business licenses. It is
however unclear as to which business licenses are
being referred to in this case.24 It is also pertinent to
note that all offences under Prevention of Workplace
Sexual Harassment Act are non-cognizable.25


4. Employers Duties and Obligations

The Prevention of Workplace Sexual Harassment vii. cause to initiate action, under the Indian Penal
Act, in addition to requiring an employer to set up an Code, 1860 (IPC) or any other law in force,
ICC and ensure redressal of grievances of workplace against the perpetrator, or if the aggrieved
harassment in a time bound manner, casts certain woman so desires, where the perpetrator is not an
obligations upon the employer to, inter alia, employee, in the workplace at which the incident
of sexual harassment took place;
i. provide a safe working environment;
viii. provide assistance to the aggrieved woman if she
ii. formulate and widely disseminate an internal so chooses to file a complaint in relation to the
policy or charter or resolution or declaration for offence under the IPC or any other law for the
prohibition, prevention and redressal of sexual time being in force;
harassment at the workplace;
ix. treat sexual harassment as a misconduct
iii. display conspicuously at the workplace, the under the service rules and initiate action for
penal consequences of indulging in acts that misconduct;
may constitute sexual harassment and the
composition of the ICC; x. prepare an annual report with details on the
number of cases filed and their disposal and
iv. declare the names and contact details of all submit the same to the District Officer;
members of the ICC;
xi. monitor the timely submission of reports by the
v. organize workshops and awareness programmes ICC. 26
at regular intervals for sensitizing employees
on the issues and implications of workplace
sexual harassment and organizing orientation
programmes for members of the ICC;
vi. provide necessary facilities to the ICC for dealing

with the complaint and conducting an inquiry;
26. Veena Gopalakrishnan and Vikram Shroff, Indias New Law on Prohibition of sexual harassment at the work place: Employers Duties and Responsi-
bilities, The Chambers Journal, March 2014 Vol II No. 6, 31

5. Examples of Conduct Amounting To Sexual

Harassment
Whether a particular act or conduct could amount xii. Subtle innuendoes or open taunting regarding
to sexual harassment is dependent on the specifics perfection, imperfection or characteristics of
of the act and the circumstances; the following is an physical appearance of a persons body or shape
indicative list of conduct that could be considered as
amounting to sexual harassment: xiii. Gender based insults and/or sexist remarks
i. Unwanted sexual advances or propositions xiv. Displaying pornographic or other sexually

offensive or derogatory material
ii. Offering employment benefits in exchange for
sexual favours xv. Forcible invitations for dates
iii. Leering xvi. Forcible physical touch or physical assault or

molestation
iv. Making sexual gestures
xvii. Suggesting or implying that failure to accept
v. Displaying sexually suggestive objects or pictures, a request for a date or sexual favours would
cartoons, calendars or posters adversely affect the individual in respect to
performance evaluation or promotion
vi. Making or using derogatory comments,
comments about a persons body or dress, slurs, xviii. Explicitly or implicitly suggesting sexual
epithets or sexually suggestive jokes favours in return for hiring, compensation,
promotion, retention decision, relocation, or
vii. Written communications of a sexual nature allocation of job/responsibility/work
distributed in hard copy or via a computer
network, suggestive or obscene letters, notes or xix. Any act or conduct by a person in authority
invitations and belonging to one sex which denies or
would deny equal opportunity in pursuit of
viii. Physical conduct such as unwanted touching, career development or otherwise making
assault, impeding or blocking movements the environment at the work place hostile or
intimidating to a person belonging to the other
ix. Making or threatening retaliation after a negative sex, only on the ground of such individual
response to sexual advances or for reporting or providing or refusing sexual favours
threatening to report sexual harassment
xx. Physical confinement against ones will and any
x. Eve-teasing other act likely to violate ones privacy.
xi. Sexually tinted remarks, whistling, staring,

sexually slanted and obscene jokes, jokes causing
or likely to cause awkwardness or embarrassment

6. Other Laws Pertaining to Workplace Sexual

Harassment
I. Industrial Employment The Model Standing Orders prescribed under the
Industrial Employment (Standing Orders) Central
(Standing Orders) Act, 1946 Rules, 1996 (Standing Orders Rules) prescribe a
list of acts constituting misconduct and specifically
The Industrial Employment (Standing Orders) Act, includes sexual harassment. The Model Standing
1946 (Standing Orders Act) is a central enactment Orders not only define sexual harassment in line
which, inter alia, requires an employer to define with the definition under the Vishaka Judgment, but
and publish uniform conditions of employment in also envisages the requirement to set up a complaints
the form of standing orders. As per the statute, the committee for redressal of grievances pertaining to
standing orders should contain terms of employment workplace sexual harassment. It is interesting to note
including, hours of work, wage rates, shift working, that sexual harassment is not limited to women
attendance and late coming, provision for leaves and under the Standing Orders Rules.
holidays and termination or suspension/dismissal of
employees.
At the first instance, the Standing Orders Act is

II. Indian Penal Code, 1860
applicable to industrial establishments employing
a minimum of 100 workmen.27 The Standing Conduct that may be construed as sexual harassment
Orders Act prescribes Model Standing Orders, not only violates the Prevention of Workplace Sexual
serving as guidelines for employers and in the event Harassment Act, but also could constitute an offence
that an employer has not framed and certified its under the IPC. Listed out below are the key offenses
own standing orders, the provisions of the Model under the IPC that could be triggered in a case of
Standing Orders shall be applicable. sexual harassment.
Section # Offence Punishment Cognizable/Non-Cognizable

354 Outraging the modesty of a woman Simple/ Rigorous Imprisonment Cognizable
for a term which shall not be less
Assault or use of criminal force to
than one year but which may
any woman, intending to outrage or
extend to five years; and fine.
knowing it to be likely that modesty
would be outraged.
354-A Sexual harassment by a man Offences (i), (ii) and (iii) are Cognizable
punishable with rigorous
(i) Physical contact and advances
imprisonment for a term which
involving unwelcome and
may extend to three years, or with
explicit sexual overtures;
fine, or with both.
(ii) Demand or request for sexual
Offence (iv) is punishable with
favours;
simple/ rigorous imprisonment for
(iii) Showing pornography against a term which may extend to one
the will of a woman; or year, or with fine, or with both.
(iv) making sexually coloured
remarks.
27. Certain State Governments, such as the Governments of Maharashtra and Karnataka, have enhanced the scope of the statute and made it applicable
to establishments employing 50 or more employees. Further, in Maharashtra, the Bombay Shops and Establishments Act, 1948 specifically extends
the applicability of the Standing Orders Act to all shops and commercial establishments.

Other Laws Pertaining to Workplace Sexual Harassment
354-B Assault or use of criminal force to Simple/Rigorous imprisonment Cognizable

woman with intent to disrobe for a term which shall not be less
than three years but which may
Assault or use of criminal force to
extend to seven years, and fine.
any woman or abetment of such
act with the intention of disrobing
or compelling her to be naked.
354-C Voyeurism First conviction: Simple/ Rigorous Cognizable
Watching, or capturing the image
shall not be less than one year,
of a woman engaging in a private
but which may extend to three
act in circumstances where she
years, and fine.
would usually have the expectation
of not being observed either by the Second or subsequent conviction:
perpetrator or by any other person Simple/ Rigorous imprisonment
at the behest of the perpetrator or for a term which shall not be less
disseminates such image. than three years, but which may
extend to seven years, and fine.
354-D Stalking First conviction: Simple/ Rigorous Cognizable
Following a woman and contacting,
may extend to three years, and
or attempting to contact such
fine.
woman to foster personal
interaction repeatedly despite a Second or subsequent conviction:
clear indication of disinterest by Simple/ Rigorous imprisonment
such woman; or for a term which may extend to
five years, and fine.
Monitoring the use by a woman
of the internet, email or any other
form of electronic communication.
509 Insulting the modesty of a woman Simple imprisonment for a term Cognizable
which may extend to three years,
Uttering any word, making any
and fine.
sound or gesture, or exhibiting any
object, intending that such word or
sound shall be heard, or that such
gesture or object shall be seen, by
a woman, with an intention to insult
her modesty, or intruding upon the
privacy of such woman.

7. Frequently Asked Questions
I. When does an act amount to IV. Is the employer responsible

sexual harassment under if an employee is sexually
the Prevention of Workplace harassed at a company-
Sexual Harassment Act? sponsored event outside of
working hours?
Any act against a woman which is impliedly/
explicitly sexual in nature and is unwelcome and
The Prevention of Workplace Sexual Harassment
occurs at the workplace, shall constitute sexual
Act introduces the concept of extended workplace
harassment under the statute. This would include
covering under its ambit any place visited by the
acts such as staring, leering, obscene gestures,
employee arising out of or during the course of
howling, kissing, smacking lips, showing sexually
employment including transportation provided
obscene/ suggestive signs objects or pictures,
by the employer for undertaking such journey.
indecent comments, dirty jokes, commenting on
Hence any form of sexual harassment at a company-
a womans dress or body, using position of power
sponsored event would also be within the scope of
for sexual favours, unwelcome touching, patting,
the statute.
brushing against the body, blocking, using force,
assaulting, using unwanted innuendoes, passing
sexual comments or telling sexual stories, asking
about ones sexual fantasies, interests etc, showing V. When is an establishment
pornography or any other unwelcome behaviour.
required to constitute an ICC?
Every establishment having 10 or more employees is
II. Can both men and women be required to constitute an ICC.
victims of workplace sexual
harassment?
VI. Is an ICC required to be
While both men and women can be victims of sexual constituted at every branch/
harassment, the Prevention of Workplace Sexual
Harassment Act protects only women. office?
Yes, an ICC is required to be set up at every branch/
office of the company wherein at least 10 employees
III. Is it sexual harassment if the are employed.
harassment is only verbal?
Verbal harassment can constitute sexual harassment. VII. Can the complaint be filed
Words can be just as offensive as physical acts and
contact. Sexually coloured jokes, comments and with and inquired by the HR
stories can be sexually harassing and can create a manager of the company?
hostile work environment.
No, the complaint needs to be filed with and inquired
into by the ICC.

Frequently Asked Questions
VIII. Is there a time limit for IX. Can a complaint of sexual

filing a complaint of sexual harassment be conciliated
harassment? between the parties?
A complaint of sexual harassment needs to be filed Yes, but no monetary settlement shall be allowed.
within 3 months of the date of incident and in case
of a series of incidents, within a period of 3 months
from the date of the last incident. However, the ICC
or the LCC may as the case may be, extend the time
limit, however not exceeding 3 months, for reasons
to be recorded in writing if it is satisfied that the
circumstances were such that the victim was unable
to file a complaint within the said period.

Annexure I
Sexual Harassment of Women At Workplace (Prevention, Prohibition and
Redressal) Act, 2013
[Act No. 14 of 2013]
Preamble Central Government may, by notification in the

Official Gazette, appoint.
An Act to provide protection against sexual
harassment of women at workplace and for the 2. Definitions- In this Act, unless the context
prevention and redressal of complaints of sexual otherwise requires.
harassment and for matters connected therewith or
incidental thereto. i. Aggrieved woman means.-
a. in relation to a workplace, a woman, of any
Whereas, sexual harassment results in violation age whether employed or not, who alleges
of the fundamental rights of a woman to equality to have been subjected to any act of sexual
under Articles 14 and 15 of the Constitution of India harassment by the respondent;
and her right to life and to live with dignity under
Article 21 of the Constitution and right to practice b. in relation to a dwelling place or house, a
any profession or to carry on any occupation, woman of any age who is employed in such a
trade or business which includes a right to a safe dwelling place or house;
environment free from sexual harassment; ii. Appropriate Government means.
And whereas, the protection against sexual a. in relation to a workplace which is

harassment and the right to work with dignity established, owned, controlled or wholly or
are universally recognized human rights by substantially financed by funds provided
international conventions and instruments such directly or indirectly.
as Convention on the Elimination of all Forms of i). by the Central Government or the Union
Discrimination against Women, which has been Territory administration, the Central
ratified on the 25th June, 1993 by the Government of Government;
India;
ii). by the State Government, the State
And whereas. it is expedient to make provisions for Government;
giving effect to the said Convention for protection of b. in relation to any workplace not covered
women against sexual harassment at workplace. under subclause (i) and falling within its
territory, the State Government;
Be it enacted by Parliament in the Sixty-fourth Year
of the Republic of India, as follows. iii. Chairperson means the Chairperson of the
Local Complaints Committee nominated under
subsection (1) of section 7;
Chapter I iv. District Officer means an officer notified under

section 5;
v. Domestic worker means a woman who is
Preliminary employed to do the household work in any
household for remuneration whether in cash or
kind, either directly or through any agency on
1. Short title, extent and commencement a temporary, permanent, part time or full time
basis, but does not include any member of the
i. This Act may be called the Sexual Harassment of family of the employer;
Women at Workplace (Prevention. Prohibition
and Redressal) Act, 2013. vi. Employee means a person employed at a
workplace for any work on regular, temporary,
ii. It extends to the whole of India. ad hoc or daily wage basis, either directly or
iii. It shall come into force on such date as the through an agent, including a contractor, with or,

Annexure I
without the knowledge of the principal employer, aggrieved woman has made a complaint under
whether for remuneration or not, or working section 9;
on a voluntary basis or otherwise, whether the
xiv. Sexual harassment includes any one or more
terms of employment are express or implied
of the following unwelcome acts or behaviour
and includes a coworker, a contract worker,
(whether directly or by implication) namely
probationer, trainee, apprentice or called by any
other such name; a. physical contact and advances; or
vii. Employer means. b. a demand or request for sexual favours; or
a. in relation to any department, organization,
undertaking, establishment, enterprise, c. making sexually coloured remarks; or
institution, office, branch or unit of the
appropriate Government or a local authority, d. showing pornography; or
the head of that department, organization,
undertaking, establishment, enterprise, e. any other unwelcome physical, verbal or non
institution, office, branch or unit or such other verbal conduct of sexual nature:
officer as the appropriate Government or the
xv. Workplace includes.
local authority, as the case may be, may by an
order specify in this behalf; a. any department, organization, undertaking,
establishment, enterprise, institution, office,
b. in any workplace not covered under sub
branch or unit which is established, owned,
clause (i), any person responsible for the
controlled or wholly or substantially financed
management, supervision and control of the
by funds provided directly or indirectly by
workplace.
the appropriate Government or the local
Explanation. For the purposes of this subclause authority or a Government company or a
management includes the person or board corporation or a cooperative society;
or committee responsible for formulation and
b. any private sector organization or a
administration of polices for such organization;
private venture, undertaking, enterprise,
c. in relation to workplace covered under sub institution, establishment, society, trust,
clauses (i) and (ii), the person discharging nongovernmental organization, unit or
contractual obligations with respect to his or service provider carrying on commercial,
her employees; professional, vocational, educational,
d. in relation to a dwelling place or house, entertainmental, industrial, health services
a person or a household who employs or or financial activities including production,
benefits from the employment of domestic supply, sale, distribution or service;
worker, irrespective of the number, time c. hospitals or nursing homes;
period or type of such worker employed, or
d. any sports institute, stadium, sports complex
the nature of the employment or activities
or competition or games venue, whether
performed by the domestic worker;
residential or not used for training, sports or
viii. Internal Committee means an Internal other activities relating thereto;
Complaints Committee constituted under
e. any place visited by the employee arising
section 4;
out of or during the course of employment
ix. Local Committee means the Local Complaints including transportation provided by the
Committee constituted under section 6; employer for undertaking such journey;
x. Member means a Member of the internal f. a dwelling place or a house;
Committee or the Local Committee, as the case
xvi. Unorganized sector in relation to a workplace
may be;
means an enterprise owned by individuals
xi. Prescribed means prescribed by rules made or self-employed workers and engaged in the
under this Act; production or sale of goods or providing service
xii. Presiding Officer means the Presiding Officer of of any kind whatsoever, and where the enterprise
the Internal Complaints Committee nominated employs workers, the number of such workers is
under subsection (2) of section 4; less than ten.
xiii. Respondent means a person against whom the

3. Prevention of sexual harassment. or administrative units of the workplace

referred to in subsection (1):
i. No woman shall be subjected to sexual
Provided further that in case the other offices
harassment at any workplace.
or administrative units of the workplace do
ii. The following circumstances, among other not have a senior level woman employee, the
circumstances, if it occurs or is present in relation Presiding Officer shall be nominated from
to or connected with any act or behaviour any other workplace of the same employer or
of sexual harassment may amount to sexual other department or organization;
harassment.
b. not less than two Members from amongst
a. implied or explicit promise of preferential employees preferably committed to the cause
treatment in her employment; or of women or who have had experience in
b. implied or explicit threat of detrimental social work or have legal knowledge;
treatment in her employment; or c. one member from amongst nonGovernmental
c. implied or explicit threat about her present or organizations or associations committed to
future employment status; or the cause of women or a person familiar with
the issues relating to sexual harassment:
d. interference with her work or creating an
intimidating or offensive or hostile work Provided that at least one-half of the total
environment for her; or Members so nominated shall be women.
e. humiliating treatment likely to affect her iii. The Presiding Officer and every Member of the
health or safety. Internal Committee shall hold office for such
period, not exceeding three years, from the date
of their nomination as may be specified by the
Chapter II employer.
iv. The Member appointed from amongst the non
Governmental organizations or associations shall
Constitution of Internal Complaints be paid such fees or allowances for holding the
Committee proceedings of the Internal Committee, by the
employer, as may be prescribed.
v. Where the Presiding Officer or any Member of
4. ConstitutionofInternalComplaintsCommittee.
the internal Committee.
i. Every employer of a workplace shall, by an order a. contravenes the provisions of Section 16; or
in writing, constitutes a Committee to be known
b. has been convicted for an offence or an
as the Internal Complaints Committee:
inquiry into an offence under any law for the
Provided that where the offices or administrative time being in force is pending against him; or
units of the workplace are located at different
c. he has been found guilty in any disciplinary
places or divisional or subdivisional level, the
proceedings or a disciplinary proceeding is
Internal Committee shall be constituted at all
pending against him; or
administrative units or offices.
d. has so abused his position as to render his
ii. The Internal Committee shall consist of the
continuance in office prejudicial to the public
following members to be nominated by the
interest,
employer, namely:
such Presiding Officer or Member, as the case may
a. a Presiding Officer who shall be a woman
be, shall be removed from the Committee and the
employed at a senior level at workplace from
vacancy so created or any casual vacancy shall be
amongst the employees:
filled by fresh nomination in accordance with the
Provided that in case a senior level woman provisions of this section.
employee is not available, the Presiding
Officer shall be nominated from other offices

Annexure I
Chapter III prescribed:

Provided that at least one of the nominees
should, preferably, have a background in law
Constitution of Local Complaints or legal knowledge:
Committee Provided further that at least one of the
nominees shall be a woman belonging
5. Notification of District Officer. to the Scheduled Castes or the Scheduled
Tribes or the Other Backward Classes or
The appropriate Government may notify a District minority community notified by the Central
Magistrate or Additional District Magistrate or the Government, from time to time;
Collector or Deputy Collector as a District Officer d. the concerned officer dealing with the social
for every District to exercise powers or discharge welfare or women and child development in
functions under this Act. the district, shall be a member ex officio.
ii. The Chairperson and every Member of the Local
6. ConstitutionandjurisdictionofLocalComplaints Committee shall hold office for such period,
Committee. not exceeding three years, from the date of their
appointment as may be specified by the District
i. Every District Officer shall constitute in the Officer.
district concerned, a committee to be known
as the Local Complaints Committee to iii. Where the Chairperson or any Member of the
receive complaints of sexual harassment from Local Complaints Committee.
establishments where the Internal Complaints a. contravenes the provisions of Section 16; or
Committee has not been constituted due to
b. has been convicted for an offence or an
having less than ten workers or if the complaint
inquiry into an offence under any law for the
is against the employer himself.
time being in force is pending against him; or
ii. The District Officer shall designate one nodal
c. has been found guilty in any disciplinary
officer in every block, taluk and tehsil in rural or
proceedings or a disciplinary proceeding is
tribal area and ward or municipality in the urban
pending against him; or
area, to receive complaints and forward the same
to the concerned Local Complaints Committee d. has so abused his position as to render his
within a period of seven days. continuance in office prejudicial to the public
interest,
iii. The jurisdiction of the Local Complaints
Committee shall extend to the areas of the district such Chairperson or Member, as the case may
where it is constituted. be, shall be removed from the Committee
and the vacancy so created or any casual
7. Composition, tenure and other terms and vacancy shall be filled by fresh nomination in
conditions of Local Complaints Committee. accordance with the provisions of this section.
i. The Local Complaints Committee shall consist of iv. The Chairperson and Members of the Local
the following members to be nominated by the Committee other than the Members nominated
District Officer, namely. under clauses (b) and (d) of subsection (1) shall be
entitled to such fees or allowances for holding the
a. Chairperson to be nominated from amongst proceedings of the Local Committee as may be
the eminent women in the field of social work prescribed.
and committed to the cause of women;
b. one Member to be nominated from amongst 8. Grants and audit.-
the women working in block, taluk or tehsil
or ward or municipality in the district; i. The Central Government may, after due
appropriation made by Parliament by law in this
c. two Members, of whom at least one shall be
behalf, make to the State Government grants of
a woman, to be nominated from amongst
such sums of money as the Central Government
such nongovernmental organizations or
may think fit, for being utilized for the payment
associations committed to the cause of
of fees or allowances referred to in subsection (4)
women or a person familiar with the issues
of Section 7.
relating to sexual harassment, which may be

ii. The State Government may set up an agency and 10. Conciliation.
transfer the grants made under subsection (1) to
that agency. i. The Internal Committee or, as the case may be,
the Local Committee, may, before initiating an
iii. The agency shall pay to the District Officer, such inquiry under Section 11 and at the request of
sums as may be required for the payment of fees the aggrieved woman take steps to settle the
or allowances referred to in subsection (4) of matter between her and the respondent through
Section 7. conciliation:
iv. The accounts of the agency referred to in sub Provided that no monetary settlement shall be
section (2) shall be maintained and audited in made as a basis of conciliation.
such manner as may, in consultation with the
Accountant General of the State, be prescribed ii. Where a settlement has been arrived at under sub
and the person holding the custody of the section (1), the Internal Committee or the Local
accounts of the agency shall furnish, to the Committee, as the case may be, shall record the
State Government, before such date, as may be settlement so arrived and forward the same to the
prescribed, its audited copy of accounts together employer or the District Officer to take action as
with auditors report thereon. specified in the recommendation.
iii. The Internal Committee or the Local Committee,
as the case may be, shall provide the copies of the
Chapter IV settlement as recorded under subsection (2) to the
aggrieved woman and the respondent.
iv. Where a settlement is arrived at under subsection
Complaint (1), no further inquiry shall be conducted by the
Internal Committee or the Local Committee, as
9. Complaint of sexual harassment. the case may be.
i. Any aggrieved woman may make, in writing, a 11. Inquiry into complaint.
complaint of sexual harassment at workplace to
the Internal Committee if so constituted, or the i. Subject to the provisions of Section 10, the
Local Committee, in case it is not so constituted, Internal Committee or the Local Committee, as
within a period of three months from the date of the case may be, shall, where the respondent is
incident and in case of a series of incidents, within an employee, proceed to make inquiry into the
a period of three months from the date of last complaint in accordance with the provisions of
incident: the service rules applicable to the respondent and
where no such rules exist, in such manner as may
Provided that where such complaint cannot
be prescribed or in case of a domestic worker, the
be made in writing, the Presiding Officer or
Local Committee shall, if prima facie case exist,
any Member of the Internal Committee or
forward the complaint to the police, within a
the Chairperson or any Member of the Local
period of seven days for registering the case under
Committee, as the case may be, shall render all
Section 509 of the Indian Penal Code, 1860 (45 of
reasonable assistance to the woman for making
1860), and any other relevant provisions of the
the complaint in writing:
said Code where applicable:
Provided further that the Internal Committee or,
Provided that where the aggrieved woman
as the case may be, the Local Committee may,
informs the Internal Committee or the Local
for the reasons to be recorded in writing, extend
Committee, as the case may be, that any term or
the time limit not exceeding three months, if it is
condition of the settlement arrived at under sub
satisfied that the circumstances were such which
section (2) of Section 10 has not been complied
prevented the woman from filing a complaint
with by the respondent, the Internal Committee
within the said period.
or the Local Committee shall proceed to make an
ii. Where the aggrieved woman is unable to make a inquiry into the complaint or, as the case may be,
complaint on account of her physical or mental forward the complaint to the police:
incapacity or death or otherwise, her legal heir or
Provided further that where both the parties are
such other person as may be prescribed may make
employees, the parties shall, during the course of
a complaint under this section.
inquiry, be given an opportunity of being heard

Annexure I
and a copy of the findings shall be made available shall implement the recommendations made
to both the parties enabling them to make under subsection (1) and send the report of such
representation against the findings before the implementation to the Internal Committee or the
Committee. Local Committee, as the case may be.
ii. Notwithstanding anything contained in Section
509 of the Indian Penal Code,1860 (45 of 1860), 13. Inquiry report.-
the Court may, when the respondent is convicted
of the offence, order payment of such sums as i. On the completion of an inquiry under this Act,
it may consider appropriate, to the aggrieved the Internal Committee or the Local Committee,
woman by the respondent having regard to the as the case may be, shall provide a report of its
provisions of Section 15. findings to the employer, or as the case may be,
the District Officer within a period of ten days
iii. For the purpose of making an inquiry under sub from the date of completion of the inquiry and
section (1), the Internal Committee or the Local such report be made available to the concerned
Committee, as the case may be, shall have the parties.
same powers as are vested in a Civil Court under
the Code of Civil Procedure, 1908 (5 of 1908) ii. Where the Internal Committee or the Local
when trying a suit in respect of the following Committee, as the case may be, arrives at
matters, namely.- the conclusion that the allegation against
the respondent has not been proved, it shall
a. summoning and enforcing the attendance of recommend to the employer and the District
any person and examining him on oath; Officer that no action is required to be taken in
b. requiring the discovery and production of the matter.
documents; and iii. Where the Internal Committee or the Local
c. any other matter which may be prescribed. Committee, as the case may be, arrives at the
conclusion that the allegation against the
iv. The inquiry under subsection (1) shall be respondent has been proved, it shall recommend
completed within a period of ninety days. to the employer or the District Officer, as the case
may be.
Chapter V a. to take action for sexual harassment as

a misconduct in accordance with the
provisions of the service rules applicable to
the respondent or where no such service rules
Inquiry into complaint have been made, in such manner as may be
prescribed;
12. Action during pendency of inquiry.- b. to deduct, notwithstanding anything in the
service rules applicable to the respondent,
i. During the pendency of an inquiry, on a written
from the salary or wages of the respondent
request made by the aggrieved woman, the
such sum as it may consider appropriate to be
Internal Committee or the Local Committee, as
paid to the aggrieved woman or to her legal
the case may be, may recommend to the employer
heirs, as it may determine, in accordance with
to.
the provisions of Section 15:
a. transfer the aggrieved woman or the
Provided that in case the employer is unable
respondent to any other workplace; or
to make such deduction from the salary of the
b. grant leave to the aggrieved woman up to a respondent due to his being absent from duty
period of three months; or or cessation of employment it may direct to the
respondent to pay such sum to the aggrieved
c. grant such other relief to the aggrieved
woman:
woman as may be prescribed.
Provided further that in case the respondent
ii. The leave granted to the aggrieved woman under
fails to pay the sum referred to in clause (ii),
this section shall be in addition to the leave she
the Internal Committee or, as the case may be,
would be otherwise entitled.
the Local Committee may forward the order for
iii. On the recommendation of the Internal recovery of the sum as an arrear of land revenue
Committee or the Local Committee, as the case to the concerned District Officer.
may be, under subsection (1), the employer

iv. The employer or the District Officer shall act iii. medical expenses incurred by the victim for
upon the recommendation within sixty days of its physical or psychiatric treatment;
receipt by him.
iv. the income and financial status of the respondent;
14 Punishment for false or malicious v. feasibility of such payment in lump sum or in

complaint and false evidence. instalments.
i. Where the Internal Committee or the Local 16. Prohibition of publication or making known
Committee, as the case may be, arrives at a contentsofcomplaintandinquiryproceedings.
conclusion that the allegation against the
respondent is malicious or the aggrieved woman Notwithstanding anything contained in the Right to
or any other person making the complaint has Information Act, 2005 (22 of 2005), the contents of
made the complaint knowing it to be false or the the complaint made under Section 9, the identity and
aggrieved woman or any other person making the addresses of the aggrieved woman, respondent and
complaint has produced any forged or misleading witnesses, any information relating to conciliation
document, it may recommend to the employer and inquiry proceedings, recommendations of the
or the District Officer, as the case may be, to take Internal Committee or the Local Committee, as the
action against the woman or the person who case may be, and the action taken by the employer
has made the complaint under subsection (1) or or the District Officer under the provisions of this
subsection (2) of Section 9, as the case may be, Act shall not be published, communicated or made
in accordance with the provisions of the service known to the public, press and media in any manner:
rules applicable to her or him or where no such
service rules exist, in such manner as may be Provided that information may be disseminated
prescribed: regarding the justice secured to any victim of sexual
harassment under this Act without disclosing the
Provided that a mere inability to substantiate a name, address, identity or any other particulars
complaint or provide adequate proof need not calculated to lead to the identification of the
attract action against the complainant under this aggrieved woman and witnesses.
section:
Provided further that the malicious intent on
17. Penalty for publication or making known
part of the complainant shall be established after
an inquiry in accordance with the procedure
contentsofcomplaintandinquiryproceedings.
prescribed, before any action is recommended.
Where any person entrusted with the duty to
ii. Where the Internal Committee or the Local handle or deal with the complaint, inquiry or any
Committee, as the case may be, arrives at a recommendations or action to be taken under the
conclusion that during the inquiry any witness provisions of this Act, contravenes the provisions
has given false evidence or produced any forged of Section 16, he shall be liable for penalty in
or misleading document, it may recommend to accordance with the provisions of the service
the employer of the witness or the District Officer, rules applicable to the said person or where no
as the case may be, to take action in accordance such service rules exist, in such manner as may be
with the provisions of the service rules applicable prescribed.
to the said witness or where no such service rules
exist, in such manner as may be prescribed.
18. Appeal.
15. Determination of compensation. i. Any person aggrieved from the recommendations
made under subsection (2) of Section 13 or
For the purpose of determining the sums to be paid
under clause (i) or clause (ii) of subsection (3) of
to the aggrieved woman under clause (ii) of sub
Section 13 or subsection (1) or subsection (2) of
section (3) of Section 13, the Internal Committee or
Section 14 or Section 17 or nonimplementation
the Local Committee, as the case may be, shall have
of such recommendations may prefer an appeal
regard to.
to the Court or Tribunal in accordance with the
provisions of the service rules applicable to the
i. the mental trauma, pain, suffering and emotional
said person or where no such service rules exist
distress caused to the aggrieved woman;
then, without prejudice to provisions contained
ii. the loss in the career opportunity due to the in any other law for the time being in force, the
incident of sexual harassment; person aggrieved may prefer an appeal in such

Annexure I
manner as may be prescribed. place;

ii. The appeal under subsection (1) shall be ix. treat sexual harassment as a misconduct under
preferred within a period of ninety days of the the service rules and initiate action for such
recommendations. misconduct;
x. monitor the timely submission of reports by the
Internal Committee.
Chapter VI
Chapter VII
Duties of employers
19. Duties of employer.- Duties and powers of District Officer
Every employer shall:

20. Duties and powers of District Officer.
i. provide a safe working environment at the
workplace which shall include safety from the The District Officer shall.-
persons coming into contact at the workplace;
ii. display at any conspicuous place in the i. monitor the timely submission of reports
workplace, the penal consequences of sexual furnished by the Local Committee;
harassments; and the order constituting, the ii. take such measures as may be necessary for
Internal Committee under subsection (1) of engaging nonGovernmental organizations for
Section 4; creation of awareness on sexual harassment and
iii. organize workshops and awareness programmes the rights of the women.
at regular intervals for sensitising the employees
with the provisions of the Act and orientation
programmes for the members of the Internal Chapter VIII
Committee in the manner as may be prescribed;
iv. provide necessary facilities to the Internal
Miscellaneous
may be, for dealing with the complaint and
conducting an inquiry; 21. Committee to submit annual report.
v. assist in securing the attendance of respondent
i. The Internal Committee or the Local Committee,
and witnesses before the Internal Committee or
as the case may be, shall in each calendar year
the Local Committee, as the case may be;
prepare, in such form and at such time as may be
vi. make available such information to the Internal prescribed, an annual report and submit the same
Committee or the Local Committee, as the case to the employer and the District Officer.
may be, as it may require having regard to the
ii. The District Officer shall forward a brief report on
complaint made under subsection (1) of Section
the annual reports received under subsection (1)
9;
to the State Government.
vii. provide assistance to the woman if she so chooses
to file a complaint in relation to the offence under 22. Employer to include information in annual
the Indian Penal Code(45 of 1860) or any other report.-
law for the time being in force;
viii. cause to initiate action, under the Indian Penal The employer shall include in its report the number
Code,1860 (45 of 1860) or any other law for the of cases filed, if any and their disposal under this Act
time being in force, against the perpetrator, or in the annual report of his organization or where no
if the aggrieved woman so desires, where the such report is required to be prepared, intimate such
perpetrator is not an employee, in the workplace number of cases, if any, to the District Officer.
at which the incident of sexual harassment took

23. Appropriate Government to monitor abets contravention of other provisions of this

implementation and maintain data. Act or any rules made thereunder,
he shall be punishable with fine which may
The appropriate Government shall monitor the
extend to fifty thousand rupees.
implementation of this Act and maintain data on the
number of cases filed and disposed of in respect of all ii. If any employer, after having been previously
cases of sexual harassment at workplace. convicted of an offence punishable under this
Act subsequently commits and is convicted of the
same offence, he shall be liable to
24. Appropriate Government to take
measures to publicize the Act.- a. twice the punishment, which might have
been imposed on a first conviction, subject to
The appropriate Government may, subject to the the punishment being maximum provided for
availability of financial and other resources. the same offence:
Provided that in case a higher punishment
i. develop relevant information, education,
is prescribed under any other law for the
communication and training materials, and
time being in force, for the offence for which
organize awareness programmes, to advance the
the accused is being prosecuted, the court
understanding of the public of the provisions of
shall take due cognizance of the same while
this Act providing for protection against sexual
awarding the punishment;
harassment of woman at workplace.
b. cancellation, of his licence or withdrawal, or
ii. formulate orientation and training programmes
nonrenewal, or approval, or cancellation of
for the members of the Local Complaints
the registration, as the case may be, by the
Committee.
Government or local authority required for
carrying on his business or activity.
25. Power to call for information and
inspection of records. 27. Cognizance of offence by courts.
i. The appropriate Government, on being satisfied
i. No Court shall take cognizance of any offence
that it is necessary in the public interest or in the
punishable under this Act or any rules made
interest of women employees at a workplace to do
thereunder, save on a complaint made by the
so, by order in writing.-
aggrieved woman or any person authorized by
a. call upon any employer or District Officer to the Internal Committee or Local Committee in
furnish in writing such information relating this behalf.
to sexual harassment as it may require;
ii. No Court inferior to that of a Metropolitan
b. authorize any officer to make inspection Magistrate or a Judicial Magistrate of the first
of the records and workplace in relation to class shall try any offence punishable under this
sexual harassment, who shall submit a report Act.
of such inspection to it within such period as
iii. Every offence under this Act shall be non
may be specified in the order.
cognizable.
ii Every employer and District Officer shall
produce on demand before the officer making 28. Act not in derogation of any other law.-
the inspection all information, records and other
documents in his custody having a bearing on the The provisions of this Act shall be in addition to and
subject matter of such inspection. not in derogation of the provisions of any other law
for the time being in force.
26. Penalty for non compliance with
provisions of Act. 29. Power of Appropriate Government to make
i. Where the employer fails to.
rules.
a. constitute an Internal Committee under sub i. The Central Government may, by notification in
section (1) of Section 4; the Official Gazette, make rules for carrying out
the provisions of this Act.
b. take action under Sections 13, 14 and 22; and
ii. In particular and without prejudice to the
c. contravenes or attempts to contravene or
generality of the foregoing power, such rules may

Annexure I
provide for all or any of the following matters, iii. Every rule made by the Central Government
namely.- under this Act shall be laid as soon as may be
after it is made, before each House of Parliament,
a. the fees or allowances to be paid to the
while it is in session, for a total period of thirty
Members under subsection (4) of Section 4:
days which may be comprised in one session or
b. nomination of members under clause (c) of in two or more successive sessions, and if, before
subsection (1) of Section 7; the expiry of the session immediately following
c. the fees or allowances to be paid to the the session or the successive sessions aforesaid,
Chairperson, and Members under subsection both Houses agree in making any modification
(4) of Section 7; in the rule or both Houses agree that the rule
should not be made, the rule shall thereafter have
d. the person who may make complaint under effect only in such modified form or be of no
subsection (2) of Section 9: effect, as the case may be; so, however, that any
e. the manner of inquiry under subsection (1) of such modification or annulment shall be without
Section 11: prejudice to the validity of anything previously
done under that rule.
f. the powers for making an inquiry under
clause (c) of subsection (2) of Section 11; iv. Any rule made under subsection (4) of section 8
by the State Government shall be laid, as soon as
g. the relief to be recommended under clause (c) may be after it is made, before each House of the
of subsection (1) of Section 12; State Legislature where it consists of two Houses,
h. the manner of action to be taken under clause or where such Legislature consists of one House,
(i) of subsection (3) of Section 13; before that House.
i. the manner of action to be taken under sub

sections (1) and (2) of Section 14:
30. Power to remove difficulties.
j. the manner of action to be taken under i. If any difficulty arises in giving effect to the
Section 17; provisions of this Act. the Central Government
may, by order published in the Official Gazette,
k. the manner of appeal under subsection (1) of
make such provisions, not inconsistent with the
section 18;
provisions of this Act, as may appear to it to be
l. the manner of organizing workshops, necessary for removing the difficulty:
awareness programmes for sensitising the
Provided that no such order shall be made under
employees and orientation programmes for
this section after the expiry of a period of two
the members of the Internal Committee under
years from the commencement of this Act.
clause (c) of Section 19; and
ii. Every order made under this section shall be laid,
m. the form and time for preparation of annual
as soon as may be after it is made, before each
report by Internal Committee and the Local
House of Parliament.
Committee under subsection (1) of Section 21.

Annexure II
Sexual Harassment of Women at Workplace (Prevention, Prohibition and
Redressal) Rules, 2013
Preamble III. Fees or allowances for

Member of Internal
In exercise of the powers conferred by section 29
of the Sexual Harassment of Women at Workplace Committee.
(Prevention, Prohibition and Redressal) Act, 2013 (14
of 2013), the Central Government hereby makes the i. The Member appointed from amongst non-
following rules, namely: Government organizations shall be entitled to
an allowance of two hundred rupees per day
for holding the proceedings of the Internal
I. Short title and Committee and also the reimbursement of travel
cost incurred in travelling by train in three tier
commencement. air-condition or air-conditioned bus and auto
rickshaw or taxi, or the actual amount spent by
i. These rules may be called the Sexual Harassment him on travel, whichever is less.
of Women at Workplace (Prevention, Prohibition ii. The employer shall be responsible for the
and Redressal) Rules, 2013. payment of allowances referred to in sub-rule (1).
ii. They shall come into force on the date of their
publication in the Official Gazette.
IV. Person familiar with issues
II. Definitions- In these rules, relating to sexual harassment.
unless the context otherwise Person familiar with the issues relating to sexual
harassment for the purpose of clause (c) of sub-
requires. section (1) of Section 7 shall be a person who has
expertise on issues relating to sexual harassment and
i. Act means the Sexual Harassment of Women may include any of the following.-
at Workplace (Prevention, Prohibition and
Redressal) Act, 2013 (14 of 2013); i. a social worker with at least five years experience
ii. Complaint means the complaint made under in the field of social work which leads to creation
Section 9; of societal conditions favourable towards
empowerment of women and in particular in
iii. Complaints Committee means the Internal addressing workplace sexual harassment;
may be; ii. a person who is familiar with labour, service, civil
or criminal law.
iv Incident means an incident of sexual
harassment as defined in clause (n) of Section 2;
v Section means a section of the Act; V. Fees or allowances for
vi Special educator means a person trained in Chairperson and Members of
communication with people with special needs in
a way that addresses their individual differences
Local Committee.
and needs;
i. The Chairperson of the Local Committee shall be
vii Words and expressions used herein and not entitled to an allowance of two hundred and fifty
defined but defined in the Act shall have the rupees per day for holding the proceedings of the
meanings respectively assigned to them in the said Committee.
Act.
ii. The Members of the Local Committee other

Annexure II
than the Members nominated under clauses (b) iv. where the aggrieved woman is dead, a complaint
and (d) of sub-section (1) of Section 7 shall be may be filed by any person who has knowledge of
entitled to an allowance of two hundred rupees the incident, with the written consent of her legal
per day for holding the proceedings of the said heir.
Committee and also the reimbursement of travel
cost incurred in travelling by train in three tier
air-condition or air-conditioned bus and auto VII. Manner of inquiry into
rickshaw or taxi, or the actual amount spent by
him on travel, whichever is less.
complaint.
iii. The District Officer shall be responsible for the
i. Subject to the provisions of Section 11, at the
payment of allowances referred to in sub-rules (1)
time of filing the complaint, the complainant
and (2).
shall submit to the Complaints Committee, six
copies of the complaint along with supporting
documents and the names and addresses of the
VI. Complaint of sexual witnesses.
harassment. ii. On receipt of the complaint, the Complaints
Committee shall send one of the copies received
from the aggrieved woman under sub-rule (1) to
For the purpose of sub-section (2) of Section 9. the respondent within a period of seven working
days.
i. where the aggrieved woman is unable to make a iii. The respondent shall file his reply to the
complaint on account of her physical incapacity, complaint along with his list of documents, and
a complaint may be filed by names and addresses of witnesses, within a period
a. her relative or friend; or not exceeding ten working days from the date of
receipt of the documents specified under sub-rule
b. her co-worker; or (1).
c. an officer of the National Commission for iv. The Complaints Committee shall make inquiry
Women or State Womens Commission; or into the complaint in accordance with the
d. any person who has knowledge of the principles of natural justice.
incident, with the written consent of the v. The Complaints Committee shall have the
aggrieved woman; right to terminate the inquiry proceedings or
ii. where the aggrieved woman is unable to make a to give an ex-parte decision on the complaint,
complaint on account of her mental incapacity, a if the complainant or respondent fails, without
complaint may be filed by.- sufficient cause, to present herself or himself
for three consecutive hearings convened by the
a. her relative of friend; or Chairperson or Presiding Officer, as the case may
b. a special educator; or be:
c. a qualified psychiatrist or psychologist; or Provided that such termination or ex-parte order
may not be passed without giving a notice in
d. the guardian or authority under whose care
writing, fifteen days in advance, to the party
she is receiving treatment or care; or
concerned.
e. any person who has knowledge of the
vi The parties shall not be allowed to bring in any
incident jointly with her relative or friend or
legal practitioner to represent them in their
a special educator or qualified psychiatrist or
case at any stage of the proceedings before the
psychologist, or guardian or authority under
Complaints Committee.
whose care she is receiving treatment or care;
vii. In conducting the inquiry, a minimum of
iii. where the aggrieved woman for any other reason
three Members of the Complaints Committee
is unable to make a complaint, a complaint may
including the Presiding Officer or the
be filed by any person who has knowledge of the
Chairperson, as the case may be, shall be present.
incident, with her written consent;

VIII. Other relief to complainant section (1) or sub-section (2) of Section 14 or Section
17 or non-implementation of such recommendations
during pendency of inquiry may prefer an appeal to the appellate authority
notified under clause (a) of Section 2 of the Industrial
The Complaints Committee at the written request Employment (Standing Orders) Act, 1946 (20 of
of the aggrieved woman may recommend to the 1946).
employer to-
i. restrain the respondent from reporting on the

work performance of the aggrieved woman or
XII. Penalty for contravention of
writing her confidential report, and assign the provisions of Section 16.
same to another officer;
ii. restrain the respondent in case of an educational Subject to the provisions of Section 17, if any
institution from supervising any academic person contravenes the provisions of Section 16, the
activity of the aggrieved woman. employer shall recover a sum of five thousand rupees
as penalty from such person.
IX. Manner of taking action for

sexual harassment. XIII. Manner to organize
workshops, etc.
Except in cases where service rules exist, where the
Complaints Committee arrives at the conclusion
Subject to the provisions of Section 19, every
that the allegation against the respondent has been
employer shall.
proved, it shall recommend to the employer or the
District Officer, as the case may be, to take any action i. formulate and widely disseminate an internal
including a written apology, warning, reprimand or policy or charter or resolution or declaration
censure, withholding of promotion, withholding of for prohibition, prevention and redressal of
pay rise or increments, terminating the respondent sexual harassment at the workplace intended to
from service or undergoing a counselling session or promote gender sensitive safe spaces and remove
carrying out community service. underlying factors that contribute towards a
hostile work environment against women;
ii. carry out orientation programmes and seminars
X. Action for false or malicious for the Members of the Internal Committee;
complaint or false evidence. iii. carry out employees awareness programmes
and create forum for dialogues which may
Except in cases where service rules exist, where the involve Panchayati Raj Institutions, Gram Sabha,
Complaints Committee arrives at the conclusion that womens groups, mothers committee, adolescent
the allegation against the respondent is malicious or groups, urban local bodies and any other body as
the aggrieved woman or any other person making may be considered necessary;
the complaint has made the complaint knowing it to iv. conduct capacity building and skill building
be false or the aggrieved woman or any other person programmes for the Members of the Internal
making the complaint has produced any forged or Committee;
misleading document, it may recommend to the
employer or District Officer, as the case may be, to v. declare the names and contact details of all the
take action in accordance with the provisions of Rule Members of the Internal Committee;
9. vi. use modules developed by the State Governments
to conduct workshops and awareness
programmes for sensitising the employees with
XI. Appeal. the provisions of the Act.
Subject to the provisions of Section 18, any person XIV. Preparation of annual report.
aggrieved from the recommendations made under
sub-section (2) of Section 13 or under clauses (i) or
clause (ii) of sub-section (3) of Section 13 or sub- The annual report which the Complaints Committee

Annexure II
shall prepare under Section 21, shall have the iii. number of cases pending for more than ninety
following details.- days;
iv. number of workshops or awareness programme
i. number of complaints of sexual harassment
against sexual harassment carried out;
received in the year;
v. nature of action taken by the employer or District
ii. number of complaints disposed off during the
Officer.
year;

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Copyright 2015 Nishith Desai Associates www.nishithdesai.com

Nishith Desai Associates 2015

Nishith Desai Associates 2015

2. EVOLUTION OF THE LAW ON WORKPLACE SEXUAL HARASSMENT 02

3. KEY PROVISIONS UNDER THE PREVENTION OF WORKPLACE

5. EXAMPLES OF CONDUCT AMOUNTING TO SEXUAL HARASSMENT 10

6. OTHER LAWS PERTAINING TO WORKPLACE SEXUAL HARASSMENT 11

Sexual Harassment of Women At Workplace

Sexual Harassment of Women at Workplace

Nishith Desai Associates 2015

1. Articles 14, 15 and 19 of the Constitution

Nishith Desai Associates 2015 1

2. Evolution of the Law on Workplace Sexual

4. 1997 (7) SCC 323

2 Nishith Desai Associates 2015

3. Key Provisions under the Prevention of

Further, the Prevention of Workplace Sexual Presence or occurrence of circumstances of implied

6. Section 3 of the Prevention of Workplace Sexual Harassment Act

Nishith Desai Associates 2015 3

Regular, temporary, ad hoc employees

Directly/ through an agent/ contractor

With or without remuneration/voluntary

Express/implied terms of employment

11. Section 2(f) of the Prevention of Workplace Sexual Harassment Act

4 Nishith Desai Associates 2015

B. Constitution of the ICC

Members Not less than 2 members from amongst employees.

Not less than half of the ICC Members shall be women

iii. any other matter which may be prescribed.15

VI. Complaint Mechanism

14. Section 5 of the Prevention of Workplace Sexual Harassment Act

Nishith Desai Associates 2015 5

Incident of sexual harassment at

Written complaints (6 copies) along with

Upon receipt of the copy of complaint,

The Inquiry has to be completed within

The Inquiry report has to be issued within 10

Appeal against the decision of the committee

VIII. Interim Reliefs IX. Punishment and

6 Nishith Desai Associates 2015

i. the mental trauma, pain, suffering and emotional

18. Section 13 of the Prevention of Workplace Sexual Harassment Act

Nishith Desai Associates 2015 7

XII. Consequences of non-

24. Section 26 of the Prevention of Workplace Sexual Harassment Act

8 Nishith Desai Associates 2015

4. Employers Duties and Obligations

vi. provide necessary facilities to the ICC for dealing

Nishith Desai Associates 2015 9

5. Examples of Conduct Amounting To Sexual

i. Unwanted sexual advances or propositions xiv. Displaying pornographic or other sexually

iii. Leering xvi. Forcible physical touch or physical assault or

xi. Sexually tinted remarks, whistling, staring,

10 Nishith Desai Associates 2015

6. Other Laws Pertaining to Workplace Sexual

At the first instance, the Standing Orders Act is

Section # Offence Punishment Cognizable/Non-Cognizable

Nishith Desai Associates 2015 11

354-B Assault or use of criminal force to Simple/Rigorous imprisonment Cognizable

12 Nishith Desai Associates 2015

7. Frequently Asked Questions

I. When does an act amount to IV. Is the employer responsible

Nishith Desai Associates 2015 13